To address between 300 and 600 whistleblower cases filed with the Occupational Safety and Health Administration (OSHA) after the 30-day statute of limitations period each year, OSHA is now referring claimants to the National Labor Relations Board (NLRB) for processing. The NLRB is responsible for enforcing employee rights under the National Labor Relations Act, which includes concerted activity seeking to improve working conditions, including worker health and safety. There may be circumstances that some of the untimely OSHA claims also involve issues arising under the NLRA, including instances where employers retaliate after employees join together to complain about unsafe work practices. Since an unfair labor practice charge can be filed with the NLRB up to six months after the unfair labor practice occurs, claimants may be able to proceed on claims involving issues that have heretofore been denied as untimely by OSHA. OSHA NLRB Memo.
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OSHA now referring Untimely Whistleblower Cases to the NLRB
Published Thursday, May 29, 2014 7:33 pm